Moorpark Municipal Code Art. II Formal Bidding Procedure

Except as otherwise provided in this chapter, purchases of supplies and equipment of an estimated value greater than $50,000 shall be awarded to the lowest responsible bidder pursuant to the formal bid procedure hereinafter prescribed. Public projects, as defined in Section 20161 of the Public Contract Code of the state shall be awarded pursuant to applicable provisions of the Public Contract Code.

(Ord. 2 § 1, 1983; Ord. 43 § 1, 1985; Ord. 516 § 2, 2023)

Notices inviting formal bids shall include a general description of the article or service desired, shall state where bid documents and specifications may be secured, and the time and place for opening bids.

(Ord. 2 § 1, 1983)

Notices inviting formal bids shall be published at least 10 days prior to the date of opening of the bids. Notices shall be published at least once for nonpublic projects and at least twice, not less than five days apart for public projects, in a newspaper of general circulation in the city.

(Ord. 2 § 1, 1983)

The purchasing agent shall also solicit formal sealed bids from responsible suppliers whose names are on the approved vendors list, or who have made written request that their names be added thereto.

(Ord. 2 § 1, 1983)

The purchasing agent shall advertise the pending formal purchases by posting a notice on the public bulletin board at the city offices.

(Ord. 2 § 1, 1983)

When a public project is involved, and in other cases when deemed necessary by the purchasing agent, formal bids shall be accompanied by security, either cash, cashier's check, certified check or surety bond, in a sum equal to 10% of the total aggregate of the bid, and shall be designated in the notice inviting bids. Bidders shall be entitled to return of bid security; provided, however, that a successful bidder shall forfeit his or her bid security upon his or her refusal or failure to execute the contract within 10 days after the notice of award of contract has been mailed, unless the city is solely responsible for the delay in executing the contract. The city council may, on refusal or failure of the successful bidder to execute the contract, award it to the next lowest responsible bidder who is willing to execute the contract, or may reject all bids and readvertise.

(Ord. 2 § 1, 1983)

A faithful performance bond and labor and material bond shall be required for all public projects, unless waived by the city council, in an amount reasonably necessary to protect the best interests of the city. In addition, the city council shall have authority to require a faithful performance bond or other bonds before entering into a contract other than a public project contract. If bonds are required, the form and amount thereof shall be designated in the notice inviting bids.

(Ord. 2 § 1, 1983)

Sealed bids shall be submitted to the purchasing agent and shall be identified as bids on the envelope. The purchasing officer, or designee, shall publicly open all bids at the time and place stated in the public notices. A tabulation of all bids received shall be available for public inspection in the purchasing office during regular business hours for a period of not less than 30 calendar days after the bid opening.

(Ord. 2 § 1, 1983)

In its discretion, the city council may reject any and all bids presented and may cause readvertising for bids pursuant to the procedure hereinabove prescribed; however, when all bids exceed the authorized budgeted amount, the city manager may authorize rejection of all bids and authorize rebidding based upon the original specifications or as they may be modified, in accordance with procedures prescribed herein.

(Ord. 2 § 1, 1983)

Except as otherwise provided herein, formal bid contracts shall be awarded by the city council to the lowest responsible bidder. The determination of lowest responsible bidder shall be at the discretion of the city council pursuant to findings and recommendations presented by the purchasing agent at the time of award of contract.

(Ord. 2 § 1, 1983)

If two or more formal bids received are for the same total amount or unit price, quality and service being equal, and if the public interest will not permit the delay of readvertising for bids, the city council may in its discretion, accept the one it chooses or accept the lowest bid made by and after negotiation with the tie bidders at the time of the bid opening or award of contract.

(Ord. 2 § 1, 1983)

When no formal bids or no responsive bids are received, the purchasing officer is authorized to negotiate for written proposals, and his or her recommendation shall be presented to the city manager and award, if any, shall be made in accordance with applicable provisions prescribed in this chapter.

(Ord. 2 § 1, 1983)